Official Form 309B, (For Individuals or Joint Debtors) Notice of Chapter 7 Bankruptcy Case Proof of Claim Deadline Set
The following is the Official Bankruptcy Form approved by the Judicial Conference. This is categorized under the Meeting of Creditors Notice category.
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Official Form 309B (For Individuals or Joint Debtors) Notice of Chapter 7 Bankruptcy Case Proof of Claim Deadline Set page 1 Official Form 309B (For Individuals or Joint Debtors) Notice of Chapter 7 Bankruptcy Case Proof of Claim Deadline Set 12/15 For the debtors listed above, a case has been filed under chapter 7 of the Bankruptcy Code. An order for relief has been entered. This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully. The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtors or the debtors’ property. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay. The debtors are seeking a discharge. Creditors who assert that the debtors are not entitled to a discharge of any debts or who want to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within the deadlines specified in this notice. (See line 9 for more information.) To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov). The staff of the bankruptcy clerk’s office cannot give legal advice. To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification Numbers, which may appear on a version of this notice. However, the full numbers must not appear on any document filed with the court. Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social Security or Individual Taxpayer Identification Number in any document, including attachments, that you file with the court. About Debtor 1: About Debtor 2: 1. Debtor’s full name 2. All other names used in the last 8 years 3. Address If Debtor 2 lives at a different address: 4. Debtor’s attorney Name and address Contact phone ______________________________ Email ______________________________ 5. Bankruptcy trustee Name and address Contact phone ______________________________ Email ______________________________ For more information, see page 2 ► Debtor 1 __________________________________________________________________ Last 4 digits of Social Security number or ITIN ___ ___ ___ ___ First Name Middle Name Last Name EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___ Debtor 2 ________________________________________________________________ Last 4 digits of Social Security number or ITIN ___ ___ ___ ___ (Spouse, if filing) First Name Middle Name Last Name EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___ United States Bankruptcy Court for the: ______________________ District of _________ (State) [Date case filed for chapter 7 ______________ MM / DD / YYYY OR Case number: _______________________________________ [ Date case filed in chapter _____ ______________ MM / DD / YYYY Date case converted to chapter 7 ______________] MM / DD / YYYY Information to identify the case: Debtor _______________________________________________________ Case number (if known) _____________________________________ Name Official Form 309B (For Individuals or Joint Debtors) Notice of Chapter 7 Bankruptcy Case Proof of Claim Deadline Set page 2 6. Bankruptcy clerk’s office Documents in this case may be filed at this address. You may inspect all records filed in this case at this office or online at www.pacer.gov . Hours open ______________________ Contact phone _______________________ 7. Meeting of creditors Debtors must attend the meeting to be questioned under oath. In a joint case, both spouses must attend. Creditors may attend, but are not required to do so. _______________ at ___________ Date Time The meeting may be continued or adjourned to a later date. If so, the date will be on the court docket. Location: 8. Presumption of abuse If the presumption of abuse arises, you may have the right to file a motion to dismiss the case under 11 U.S.C. § 707(b). Debtors may rebut the presumption by showing special circumstances. [The presumption of abuse does not arise.] [The presumption of abuse arises.] [Insufficient information has been filed to permit the clerk to determine whether the presumption of abuse arises. If more complete information is filed and shows that the presumption has arisen, the clerk will notify creditors.] 9. Deadlines The bankruptcy clerk’s office must receive these documents and any required filing fee by the following deadlines. File by the deadline to object to discharge or to challenge whether certain debts are dischargeable: You must file a complaint: if you assert that the debtor is not entitled to receive a discharge of any debts under any of the subdivisions of 11 U.S.C. § 727(a)(2) through (7), or if you want to have a debt excepted from discharge under 11 U.S.C. § 523(a)(2), (4), or (6). You must file a motion: if you assert that the discharge should be denied under § 727(a)(8) or (9). Filing deadline: __________________ Deadline for all creditors to file a proof of claim (except governmental units): Deadline for governmental units to file a proof of claim: Filing deadline: __________________ Filing deadline: __________________ Deadlines for filing proof of claim: A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerk’s office. If you do not file a proof of claim by the deadline, you might not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the schedules that the debtor filed. Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the right to a jury trial. Deadline to object to exemptions: The law permits debtors to keep certain property as exempt. If you believe that the law does not authorize an exemption claimed, you may file an objection. Filing deadline: 30 days after the conclusion of the meeting of creditors 10. Creditors with a foreign address If you are a creditor receiving a notice mailed to a foreign address, you may file a motion asking the court to extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have any questions about your rights in this case. 11. Liquidation of the debtor’s property and payment of creditors’ claims The bankruptcy trustee listed on the front of this notice will collect and sell the debtor’s property that is not exempt. If the trustee can collect enough money, creditors may be paid some or all of the debts owed to them in the order specified by the Bankruptcy Code. To ensure you receive any share of that money, you must file a proof of claim as described above. 12. Exempt property The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and distributed to creditors. Debtors must file a list of property claimed as exempt. You may inspect that list at the bankruptcy clerk’s office or online at www.pacer.gov. If you believe that the law does not authorize an exemption that the debtors claim, you may file an objection. The bankruptcy clerk’s office must receive the objection by the deadline to object to exemptions in line 9.Relevant article from our knowledge database
Bankruptcy claims will call for legal council that will help you fully understand all the choices available to you. It looks like a fantastic way to receive your claim in, though it's late. You might not file a claim for at least a single Tier, and just one claim could be submitted per Household.
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You are able to do deal with the Proof of Claim court all on your own or you could seek the services of an attorney. In rare cases, you may want to submit a proof of claim on such creditor's behalf. The proof of claim claim ought to be filed just in the debtor's individual bankruptcy in the event the creditor is owed solely by the debtor personally. Retaining documentary evidence of your claim is your very best possibility of recovery.
Creditors are encouraged to check with counsel with respect to any questions regarding using any one of these forms. They are not supposed to file claims if the claim is not properly supported by evidence. They often fail to check this box for amended claims. Certain creditors don't need to submit a proof of claim to take part in a bankruptcy case.
Creditors don't require a lawyer to submit a proof of claim. A creditor has to submit a proof of claim to receive paid. Creditors ought to carefully think about this before filing a claim. A creditor may get notice of both. Creditors who don't file their own proof of claim have to manage the info given by the debtor.